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Many individuals are unfamiliar with U visas and are unsure about how and why they are awarded. However, if you are unlucky enough to be the victim of a crime, you may be able to apply for one. Moreover, f you consent to help with the prosecution of your attackers, you may be able to remain in the United States even if you entered without inspection. It is important, though, to be aware of the requirements for a U visa before you begin the application process, especially in recent weeks. Given the current flux in the U.S. immigration system, it is not implausible to think that regulations may change in the future.

Restrictions & Requirements

The U visa is granted to victims of certain crimes, such as human trafficking, prostitution, violent assault, domestic violence, and several others. A person generally has a higher likelihood of being granted a U visa if he or she has been the victim of a crime in which he or she suffered severe abuse (mental or physical), but there are a host of crimes for which one may be considered for a visa. The single most important criteria is that you, as a victim, must be willing and able to assist U.S. law enforcement in attempting to prosecute the people who harmed you. The requirements specifically state that you are “helpful, or likely to be helpful” in the prosecution of your attacker.

The Violence Against Women Act (VAWA) is a law originally passed in 1994, under President Clinton, and has been reauthorized multiple times up until 2013. It is one of the most commonly used methods by immigrants who have been abused to obtain status in the United States. However, in recent weeks, the incoming federal administration has indicated that it might make significant cuts to VAWA’s grant funding, which may cause significant issues for immigrants who rely on it.

Current Application Procedures

As of this writing, VAWA offers a way for immigrants, who have been abused by a qualifying family member, to obtain valid immigration status independent of that family member. Most petitioners are women. However, despite the title of the Act, anyone may apply if he or she meets the criteria, regardless of gender.

On January 27, 2017, U.S. President Donald Trump issued Executive Order 13769, entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The executive order instituted a number of changes to the nation’s policies and procedures regarding immigration and banned individuals from seven specified countries from entering the United States. The order—which has become known as a “travel ban”—prohibited entry into the U.S. for aliens from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen for a period of 90 days.

According to reports, thousands of legally-issued travel visas were canceled immediately, and hundreds of travelers from these countries were denied entry. Some were even detained by immigration authorities. Within days, Washington state filed a lawsuit against the U.S. government, claiming that the executive order was illegal and unconstitutional and asking for a temporary restraining order (TRO) that would halt the order’s enforcement. Last week, a federal judge granted the TRO finding that the travel ban was likely to be proven unlawful. The federal government filed an emergency appeal asking for the TRO to be lifted.

When someone seeks to enter the United States, he or she almost always does so with inspection—that is, at a mandated border checkpoint, bearing the correct entry document (and visa, if necessary). However, for some, this is not an option for a variety of reasons. Some are not even aware that they are committing an immigration infraction. Given the stated goals of the incoming administration, it is a good idea for you and yours to be absolutely certain of your immigration status and take steps to remedy any deficiency.

The Consequences Are Severe

Contrary to popular perception, those who are found to have entered the U.S. without inspection suffer numerous consequences, though they may not wind up behind bars. Those who are in the U.S. without inspection begin to accrue what is referred to as unlawful presence, from the moment they enter the country. This is the case even if they are not exposed as having entered the country illegally. Thus, whenever their status is exposed, they may have years upon years of unlawful presence accrued, which can be used against them, such as denying an application to adjust status (even with U.S. citizen relatives).

Becoming the victim of a crime is one of the most traumatic events most people will ever experience. However, if you are undocumented, it can be even more frightening because it is easy to think that too much interaction with law enforcement may lead to your deportation. There are options for undocumented victims of crime that can increase the likelihood of remaining in the United States.

Undocumented Immigrants Are Common Victims

What many average people do not grasp is that due to their particular situation, undocumented immigrants are very often victims of crimes both violent and nonviolent. While official crime data does not factor in the undocumented (since it is based on census totals, which do not include undocumented immigrants), self-reporting and studies show that significant majorities of the undocumented who were interviewed—roughly 76 percent—reported being the victim of a crime, but did not report it to police due to fears of police bias or immediately being handed over to Immigration & Customs Enforcement (ICE).

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